The NCAA Committee on Infractions (“Committee”) recently issued its findings and found that the Eastern New Mexico University (“ENMU”) committed major violations of NCAA legislation. The Committee considered this case through the cooperative summary disposition process in which all parties agree to the primary facts and violations as fully set forth in the Summary Disposition Report (SDR). The Committee accepted the violations and self-imposed penalties set forth in the SDR, and ENMU accepted additional penalties proposed by the committee. Consequently, there is no opportunity to appeal.

This case centered on ENMU’s failure to properly certify student-athletes’ initial eligibility, transfer eligibility and continuing eligibility during a five-year period. In addition to failing to properly certify student-athlete eligibility, ENMU had inadequate compliance education and failed to address previously identified deficiencies in its eligibility certification process that outside consultants noted during on-campus audits. Based on widespread eligibility certification errors over five years, a lack of eligibility certification training and a failure to take action on deficiencies previously identified, ENMU agreed that it lacked institutional control.

The Committee found that ENMU committed the following violations of NCAA legislation:

Violations of NCAA Bylaws 12.1.1.1.3, 14.01.1, 14.3.1, 14.10.1, 14.11.1, 15.01.5 and 16.8.1.2 (2008-09 through 2012-13); 14.2 and 14.2.2 (2011-12); 14.4.1, 14.4.3.1.5, 14.4.3.2, and 14.5.1 (2009-10 through 2012-13); and 14.5.4, 14.5.4.1, 14.5.4.2, and 14.5.5.1 (2009-10 through 2011-12)

The NCAA enforcement staff and ENMU agree that from the 2008-09 through 2012-13 academic years, ENMU permitted 132 student-athletes in 12 sports programs to practice and/or compete and receive travel expenses and/or athletically related financial aid at times when they were not eligible or certified as eligible to do so.

During the 2008-09 through 2012-13 academic years, ENMU permitted 59 student-athletes to practice and/or compete and to receive travel expenses and/or athletically related financial aid when their status as amateur athletes had not been certified by the NCAA Eligibility Center. NCAA Bylaws 12.1.1.1.3, 14.01.1, 14.10.1 and 16.8.1.2 (2008-09 through 2012-13).

During the 2008-09 through 2012-13 academic years, ENMU permitted 60 student-athletes to practice and/or compete and receive athletically related travel expenses and/or athletically related financial aid when their academic eligibility to participate had not been certified by the NCAA Eligibility Center. NCAA Bylaws 14.01.1, 14.3.1, 14.10.1, 14.11.1, 15.01.5 and 16.8.1.2 (2008-09 through 2012-13).

During the 2009-10 through 2012-13 academic years, ENMU permitted 51 student-athletes who had not designated a degree program by their third year of enrollment and/or had not earned sufficient progress- toward-degree requirements to compete and receive travel expenses. NCAA Bylaws 14.01.1, 14.4.1, 14.4.3.1.5, 14.10.1, 14.11.1 and 16.8.1.2 (2009-10 through 2012-13)

During the 2009-10 through 2011-12 academic years, ENMU permitted 11 student-athletes who did not satisfy NCAA two-year college transfer requirements to practice and/or compete and receive travel expenses and/or athletically related financial aid during their first academic year of residence. NCAA Bylaws 14.01.1, 14.5.1, 14.5.4, 14.5.4.1, 14.5.4.2; 14.10.1, 14.11.1, 15.01.5, 16.8.1.2 (2009-10 through 2011-12).

During the 2009-10 through 2011-12 academic years, ENMU permitted 12 transfer student-athletes from four-year institutions to practice and/or compete and receive travel expenses and/or athletically related financial aid during their first year in residence without having certified that the student-athletes were (1) eligible for financial aid or practice or (2) not subject to the residence requirement and were eligible for intercollegiate competition and the receipt of travel expenses. NCAA Bylaws 14.01.1, 14.5.5.1, 14.10.1, 14.11.1, 15.01.5 and 16.8.1.2 (2009-10 through 2011-12).

During the 2011-12 academic year, ENMU permitted two student- athletes who had exhausted their eligibility to compete in fifth seasons of competition. NCAA Bylaws 14.01.1, 14.2, 14.2.2, 14.10.1, 15.01.5 and 16.8.1.2 (2011-12).

Violations of Constitution 2.1.1, 2.8.1, and 6.01.1 (2007-09 through 2014-15)

ENMU and the NCAA enforcement staff agreed that the scope and nature of the violations set forth above demonstrate that from as early as the 2007-08 through 2012-13 academic years, ENMU failed to exercise institutional control and monitoring in the conduct and administration of its athletics programs in that it failed to: (1) establish a proper system to ensure compliance with NCAA eligibility legislation; (2) provide appropriate NCAA rules education; and (3) address previously identified deficiencies within its eligibility-certification system.

The Committee assessed penalties against ENMU and penalized ENMU as follows:

1.  Public reprimand and censure.

2.  Four years of probation from September 1, 2015 and concluding on August 31, 2019.

3.  A financial penalty of $3,500 payable to the NCAA

4.  ENMU shall vacate all wins in which ineligible student-athletes competed. Further, the institution shall vacate any NCAA Championship competition in which student-athletes participated while ineligible. The individual records of the student-athletes shall also be vacated.

For any questions, feel free to contact Christian Dennie at cdennie@bgsfirm.com.